23Variation of conditions, or to reduce declared area

23 Variation of conditions, or to reduce declared area

(1) The Minister may, by legislative instrument, vary a declaration for one or more of the following purposes: (a) to remove a part of the declared area; (b) to make the declaration subject to any of the conditions mentioned in section 20; (c) to vary or omit a condition mentioned in section 20 that the declaration is subject to. (2) The Minister may only make a variation under subsection (1) if: (a) a notice proposing to vary the declaration has been published under section 24; and (b) the day specified in the notice under paragraph 24(1)(e) as the day by which submissions may be made has passed; and (c) the Minister has consulted: (i) the Defence Minister; and (ii) the Minister administering section 1 of the Navigation Act 2012; and (d) the Minister is satisfied that the declared area would be suitable for offshore renewable energy infrastructure if the variation were made. (3) In deciding for the purposes of paragraph (2)(d) whether an area is suitable for offshore renewable energy infrastructure, the Minister must have regard to the following: (a) the potential impacts of the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure in the area on other marine users and interests; (b) any submissions received in accordance with the notice under section 24; (c) any advice received as a result of the consultation mentioned in paragraph (2)(c) of this section; (d) Australia’s international obligations in relation to the area; (e) Australia’s greenhouse gas emissions reduction targets. (4) The Minister may also have regard to any other matters that the Minister considers relevant. Effect of variation on existing and new licences (5) A variation of a declaration under this section does not apply to a licence in force, at the time the variation is made, in respect of an area that is, or was, the declared area or a part of the declared area (a pre‑existing licence). (6) However: (a) the variation applies in relation to an extension of the end day of a pre‑existing licence in the same way as it applies to the granting of a licence; and (b) the variation applies in relation to the granting, after the variation is made, of a commercial licence in respect of a feasibility licence that is a pre‑existing licence; and (c) subsection (5) does not prevent the Minister varying a pre‑existing licence under a provision of Chapter 3 to impose, vary or revoke a condition of the licence in a way that is consistent with the variation of the declaration.

Note 1: See sections 37 (extending the term of a feasibility licence), 47 (extending the term of a commercial licence) and 56 (extending the term of a research and demonstration licence). The provisions of a declaration do not affect transmission and infrastructure licences.